Bessman Okafor's trial has been delayed several times after the key witness was killed. The trial has been set for Feb. 5.

Alex Zaldivar was set to testify against Okafor and Nolan Bernard. The two are charged with breaking into his home.

Just ahead of Zaldivar's testimony, someone again broke into his home. The second time, however, Zaldivar was killed.

On Tuesday, a grand jury indicted Okafor on one count of first-degree murder, two counts of attempted first-degree murder and one count of armed burglary of a dwelling with explosives or dangerous weapon.

Prosecutors said because of the cold and callous nature of the crime, they will seek the death penalty.